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HomeMy WebLinkAbout09-7032GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8 4650 Regent Blvd Irving, TX 75063 vs. BRIAN E. MILLBURNE Mortgagor and Record Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Plaintiff Defendant Term No. N - naa eiA OML ACTION: MORTC;A lean MORNMOSURE QE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hq://www.phfa.oro/consumers/homeowners/real.Wx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.orp-/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(&Poldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 88777FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8,4650 Regent Blvd, Irving, TX 75063. 2. The names and addresses of the Defendant is BRIAN E. MILLBURNE, 1465 Timber Brook Drive, Mechanicsburg, PA 17050, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On June 17, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1870, Page 2139. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8 by assignment of Mortgage January 20, 2009 and recorded on February 13, 2009 as Instrument #200903966. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$119,202.89 Interest from 04/01/2009 through 09/30/2009 at 9.7500% .... ...................$5,826.71 Per Diem interest rate at $31.84 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,960.14 Late Charges from 05/01/2009 to 09/30/2009 ....................... ......................$445.13 Monthly late charge amount at $63.59 Costs of suit and Title Search ................................................ ......................$900.00 Suspense ................................................................................. .................... ($204.62) Escrow Advance .................................................................... ...................$1,321.81 Recoverable Balance .............................................................. ......................$100.00 Monthly Escrow amount $98.63 $133,552.06 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $133,552.06, together with interest at the rate of $31.84, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: L.AjX GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF 1 VERIFICATION I, Kathy Smith , as the representative of Citi Residential Lending Inc., as Attorney in Fact for the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: © c.-K eP-?,,SQ ?i ace ?! Citi sidenti Lending Inc. #88777FC - BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 Ey,Fi6it A Date: 6/18/2004 Older Number: 000021489 Re: Brian E. tdillburne 1465 TIMBER BROOK DRIVE ?4ECHANICSBURG, PA 11050 CUMBERLAND County VISIT 'A' ALL that certain Unit, being Unit No. 1475 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"`), located in Hampden Township, Cumberland County, Pennsylvania, :which Unit is designated in the Declaration of Condominium of Timber Chase 11, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumba,xland County Recorder of Deeds in Miscellaneous Book 573, Page 315 and Right of Nay Plan Book 11, Page 139 respectively, together with .And all amendments thereto. TOGETHER with the undivided percentage interest in ;the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common E.1aments applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record i? the aforesaid Office, the aforesaid Declaration of Condominium, and mattes which a physical inspection and survey of the Unit and Commbn Elements would disclose. Time: 4:02.44 PM P.a.:sae Bi(IS1v'G:'_I55 order Number OM21489 Exthibit B -0D ;o? m O'MD -0 CD m a m0003 4' cc W _. O -i n n y I M 00 0) 2 V W :4 (D v- N 2 u K) = $-43 c c"ow3 112 - a y Dcn? 3 N woC° 0 ?C° 0) bog O N V O j O CD O CO W N (D (n O (n W 2 7 O 7 ? A 7 (D 3 O 7 Cl ? W E'A m w x m -? ZK - Om ru K _ CD ca V = w u A D 0 .D c o - Ir E cc - w _ o z S m D ?[n N i 8 W A AH KNW MI :! ?w Irving, TX 7504.113-1730 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgue on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servingouur County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. AHII I %$.`.W X r:abt rx>`:': a: P C), Bay; 63 ; 730 l:varyu. TX 75063-1730 May 21, 2009 Brian E Millburne 1465 Timber Brook Dr Mechanicsburg PA 17050 Homeowners Name: Brian E Millburne Property Address: 1465 Timber Brook Dr, Mechanicsburg PA 17050 Loan Account No.: 4000770885 Current Lender/Servicer: American Home Mortgage Servicing, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OP793 (Page 1 of 9) a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, or you may find them by visiting the website at http://www.phfa.org/ applications/counseling_agencies.aspx. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions to schedule one face-to-face meeting. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons-set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be postmarked within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP793 024 R35 A H I a>•04WIAN t:(1y.F A1:>RYia4('.i t: s. P f.). BCC?: f33 i i 30 1:vin;t, TX 1506-3.1730 YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. (Page 3 of 9) OP794 015 R35 R Re: Loan No. 4000770885 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1465 Timber Brook Dr, Mechanicsburg PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 2 MONTHS @ $ 1,147.69 1 MONTHS @ $ 1,158.43 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 3453.81 $ 190.77 $ .00 $ 0.00 $ 3644.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP795 (Page 4 of 9) AH11?!i I AC). 8G?, 6:3 i ..,J :;,,:.,r•:,:. $ lr ;r, LX 75061•1730 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $3644.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Overnight Mail Address Western Union Quick Collect American Home Mortgage Svc.Inc. Pay to: American Home Mortgage Svcg. 4600 Regent Blvd., Suite 200 Code City: Option, Ca Irving, TX 75063-1730 Code State: California You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP795 026 R35 Re: Loan No. 4000770885 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP796 (Page 6 of 9) A H M40X PC.), Boy 63 ?`30 Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP796 015 R35 Re: Loan No. 4000770885 HOW TO CONTACT THE LENDER: Name of Lender: American Home Mortgage Servicing, Inc. Address: 4600 Toachton Road East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore Address: Jacksonville, FL 32246 Phone Number: 877-304-3100 ext 41999 Fax Number: 1-866-497-1263 Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore Office hours: Monday through Friday 8:00 a.m. to 5:00 p.m. EST Email Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP797 (Page 8 of 9) AHM01 P 0, BC Y. 63 i ; 3 0 lrvin??.. TX 75063-.1730 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. This communication is from a debt collector but does not imply that American Home Mortgage Servicing, Inc. is attempting to collect money from anyone whose debt has been discharged pursuant to (or who is under the protection of) the bankruptcy laws of the United States; in such instances, it is intended solely for informational purposes and does not constitute a demand for payment. (Page 9 of 9) OP797 038 R35 ?µ. ''fi`r O -o ,r Cr: Tvi- r',' vCTARY 2CC9 OCT 15 Fi ji $: 2J Cil1K I'JUN? I (.p i ICJ{ti?;.i!r $ rl8. 5o PA A"- y CIL' 5611-2ma 4.?` oZ.3oZOlo3 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant s rT Tf'i ?,Ftil(1TA Y 2009 OCT 20 A l 9: 1 0 Edward L Schorpp Solicitor Deutsche Bank National Trust Company vs. Case Number Brian E. Millburne 2009-7032 SHERIFF'S RETURN OF SERVICE 10/16/2009 06:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 1815 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian E. Millburne, by making known unto himself personally, at 1465 Timber Brook Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 19, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF BY Deputy S eriff KML LAW GROUP', P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia. PA 19106-1532 215-627-1322 DEUI~SCHE BANK NATIONAL TRUS7~' COMPANY'. AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-R8 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. BRIAN E. MILLBURNE (Mortgagor(s) and Record owner(s)) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-7032 PRAECIPF. TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without Prejudice upon payment of your costs only. KML LAW GRO~JP, P.C. F/K/A GOLDBE~K McC'AFFERTY & McKEEVER ~, By: ~ ~ ~ ~ ~ Miahae l cKeever Pa. ID 56129 Jay E. K.ivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Krishna Murtha Pa. ID 61858 __ Thomas Puleo Pa. ID 27615 David Fein Pa. ID 8262E Andrew Gornall Pa. ID 92382 ~~Jill P. Jenkins Pa. ID 30688 ____ Joshua I. Goldman Pa. ID 205047 Attorneys for Plaintiff 4 KML LAW GROUP, P.C. Suite 5000 -- BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1 722 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE IN TRUST FOR THE BENEFI~C OF THE CERTIFICATEHOLDERS FOR AMF.RIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET-BACKEL> PASS- THROUGH CERTIFICATES, SERIES 2004-R8 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C[VIL ACTION -LAW ACTION OF MOR~1'(JAGE FORECLOSURE BRIAN E. MILLBURNE (Mortgagor(sj and Record Owner(s)) Defendant(s) CERTIFICATE OF SERVICE No. 09-70 ~? Angela M. Smith, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant.. by first class snail. postage pre-paid, on_ ~;/ P/~ -~~ BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 KML LAW GROUP, P.C. F/K/A GOLDBECK McCAFFER'~ & McKEEVER i~ /` -%'~' / gela M. Smith, Legal Assista t asmith@kmllawgroup.com 15-825-6325 (Direct Phone)